Last Updated: March 2007
Welcome to the GotRhythm.com. We have developed these Terms of Service to govern your use of GotRhythm.com. Your use of our site tells us you have read and agreed to these Terms of Service and to our Privacy Policy. Please read both of these documents carefully. If you do not agree with any of these terms, please exit GotRhythm.com. All GotRhythm, Inc. (GotRhythm) owns all right, title and interest in GotRhythm.com. GotRhythm reserves the right to terminate Membership and deny access to the sites to any person who violates these Terms of Service.

Ownership of Intellectual Property.
All software, design, structure, layout, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and any other copyrightable material that is contained on any of GotRhythm.com, including the selection, coordination and arrangement thereof, along with all trademarks, service marks and trade names (the "Material") on any of GotRhythm.com, is owned by GotRhythm and its affiliated companies, licensors and suppliers and are protected, without limitation, by U.S. and foreign copyright, trademark and other applicable laws. You may use the Material online only, and solely for your personal, non-commercial use. If you operate a Web site and wish to link to GotRhythm.com, you may do so provided you agree to cease such link upon request from GotRhythm. No other use is permitted without prior written permission of GotRhythm. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.

You may not, for example, republish any portion of the Material on any Internet, Intranet or extranet site or incorporate the Material in any database, compilation, archive or cache. You may not distribute any Material to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Material. You may not scrape or otherwise copy our Material without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through GotRhythm.com, not to insert any code or product or manipulate the content of GotRhythm.com in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. The foregoing prohibition includes, but is not limited to, the practice of embedding GotRhythm Website pages in "frames" running from other sites, and "mirroring" content from GotRhythm.com on a server other than that operated by GotRhythm. Any unauthorized or prohibited use or use in violation of these Terms of Service may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Requests to use Material for any purpose other than as permitted in this Terms of Service should be directed to proposals@GotRhythm.com. In certain cases, you may be able to use individual content that appears on GotRhythm.com through online functionality that we have specifically designated (e.g. to e-mail a story to a friend). In such cases, you will see a link in the Material itself. If you do not see such link, you should assume no third party has the right to allow you to use the Material.

Membership and Registration.
GotRhythm.com offers certain features and content that are available only to Registered Members. Registration requires you to provide certain information, including a valid email address. Children under the age of 13 may not become Registered Members. If you choose to become a Member of GotRhythm.com, you agree that you will not allow others to use your password and /or account and that you are solely responsible for maintaining the confidentiality and security of your account.

Voting, Feedback and Other Submissions.
Users may vote and submit feedback on GotRhythm content. You agree that any and all information that you submit, including any and all numerical votes and written comments, are the property of GotRhythm and may be used by us for any purpose.

Third Party Content/ Hyperlinks.
Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. Our inclusion on our sites of any third party content or a link to a third party site is not an endorsement by GotRhythm, its subsidiaries or affiliates of the content, the opinions or views expressed by these linked websites and GotRhythm does not verify, endorse, or take responsibility for the propriety, accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, GotRhythm is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites.

To access the audio clips available only to Registered Members of GotRhythm.com, you will need to install the Microsoft Windows Media® Player. You are responsible for any hardware, systems, and/or software program(s) you use and any associated fees and expenses required to use the Internet or the Microsoft Windows Media® Player.

To the extent that these sites collect personal information (the "Information") or postings from the end user, in no event shall GotRhythm assume or have any responsibility or liability for the manner in which the Information or postings are exploited or for any claims, damages, or losses resulting from the use and/or appearance of the Information on these sites.


General Disclaimer and Limitation of Liability.
While GotRhythm uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Material and assume no liability or responsibility for any error or omission in the Material. GotRhythm does not represent or warrant that use of any Material will not infringe rights of third parties. GotRhythm has no responsibility for actions of third parties or for content provided or posted by others.

GOTRHYTHM IS PROVIDING THE GOTRHYTHM WEBSITES ON AN "AS IS" BASIS. GOTRHYTHM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, GOTRHYTHM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. FURTHER, GOTRHYTHM DOES NOT WARRANT THAT ACCESS TO THE GOTRHYTHM WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GOTRHYTHM WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL GOTRHYTHM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF ADVANTAGE, LOSS OF SAVINGS, LOSS OF REVENUES OF ANY KIND, INCREASED COST OF OPEARTIONS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, EVEN IF GOTRHYTHM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF THE FOREGOING WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE. IN THE EVENT APPLICABLE STATE OR FEDERAL LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, GOTRHYTHM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

International Users.
The GotRhythm Websites are controlled, operated and administered by GotRhythm from its offices within the United States. GotRhythm makes no representation that Material available through the GotRhythm Websites are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the GotRhythm Websites or export the Material in violation of U.S. export laws and regulations. If you access the GotRhythm Websites from a location outside the United States, you are responsible for compliance with all applicable laws, and GotRhythm accepts no responsibility for such access.

Miscellaneous.
GotRhythm reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the GotRhythm Websites after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.

GotRhythm may modify, suspend, discontinue or restrict the use of any portion of the GotRhythm Websites, including the availability of any portion of the Material at any time, without notice or liability. GotRhythm may deny access to any person or user at any time for any reason

Contact Us.
To contact GotRhythm, please use the following:

info@gotrhythm.com

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